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Utilities Win Big As Supreme Court Orders EPA to Consider Cost in Regs

Jun.29.2015 — Forbes

Thomas A. Lorenzen, a Washington, D.C.-based Environment & Natural Resources partner, discusses with Forbes the impact of the U.S. Supreme Court's recent decision in Michigan v. EPA, which rejected the Obama administration's stance that the EPA need not consider costs when it determines that a utility pollutant must be regulated. The case, considered a challenge by the utility industry and 23 states whose electricity rates would likely rise if coal-fired power plants close, will now return to the D.C. Circuit Court of Appeals. "It means that EPA can really no longer take any comfort in the fact there is a Chevron doctrine out there," Lorenzen said. "The courts are going to look skeptically" at regulations that have a major effect on the economy, he said. Lorenzen was also quoted in  Bloomberg, Bloomberg BNA, Congressional Quarterly, Financial TimesLaw360, and Greenwire for his analysis of this high-profile ruling.

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